[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33165-33166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16261]
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DEPARTMENT OF TRANSPORTATION
[FHWA Docket No. 96-24]
Uniform Relocation Act; Certification Pilot Program in Florida
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: The Florida Department of Transportation (FDOT) has proposed
to extend the coverage of the certification of its right-of-way program
from two districts to the entire State. This certification procedure
allows the State to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act (Uniform Act) on Federal-aid
highway projects by operating under its own equivalent State law and
procedures. This notice requests comments on the State's proposal to
extend the certification's coverage to the entire State.
DATES: Comments are requested by July 26, 1996.
FOR FURTHER INFORMATION CONTACT: Marshall Schy, Office of Real Estate
Services, HRW-10 (202) 366-2035; or Reid Alsop, Office of Chief
Counsel, HCC-31, (202) 366-1371, Federal Highway Administration, 400
Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: On August 10, 1995, the FHWA published a
notice (60 FR 40878) requesting comments on a Florida Department of
Transportation proposal to comply with the Uniform Relocation
Assistance and Real Property
[[Page 33166]]
Acquisition Policies Act (Uniform Act) on Federal-aid highway projects
in two of its districts through use of a certification procedure
permitted by the Uniform Act (42 U.S.C. 4601 et seq.). The FDOT
proposed to comply with the Uniform Act by conducting its right-of-way
program in accordance with State laws determined by the FHWA, the
Federal lead agency for the Uniform Act, to have the same purpose and
effect as the Uniform Act. On January 24, 1996, the FHWA published a
notice (61 FR 1984) informing the public that it had accepted FDOT's
certification.
The Uniform Act provides relocation benefits to persons forced to
move by Federal or federally-assisted programs or projects. It also
establishes policies relating to the acquisition of real property for
such programs or projects. The FHWA has been designated the Federal
Government's lead agency for implementing the Uniform Act.
Sections 210 and 305 of the Uniform Act (42 U.S.C. 4630 and 4655)
require State agencies that receive Federal financial assistance for
programs or projects that will result in the acquisition of real
property, or the displacement of persons, to provide assurances that
they will comply with the Act's provisions. Section 103 of the Uniform
Act (42 U.S.C. 4604) provides that, in lieu of those assurances, a
State agency may comply by certifying (and receiving the FHWA's
determination) that it will be operating under State laws that ``will
accomplish the purpose and effect'' of the Uniform Act.
The FDOT applied for a certification pilot program that would cover
Uniform Act compliance on Federal-aid highway projects for a period of
two years. The FDOT proposed to limit the pilot program to its
Districts 2 and 4. On September 29, 1995, after providing an
opportunity for comments, the FHWA determined that the laws and
operating procedures relied on by the FDOT have the same purpose and
effect as the Uniform Act and accepted FDOT's certification effective
October 1, 1995, for a period of two years (61 FR 1984). The FDOT now
has accumulated sufficient experience operating under the certification
that it wishes to extend the program to all of its districts.
In its new certification application the FDOT relies on the same
authority as its earlier application, sections 120.543 and 339.05 of
the Florida statutes and the existing FDOT right-of-way procedures. The
two statutory provisions grant the FDOT broad authority to comply with
Federal (Uniform Act) requirements. The FDOT right-of-way procedures
are the mechanism for insuring the FDOT's compliance with the
provisions of the Uniform Act. As with the existing certification, it
is anticipated that the level of benefits and assistance provided to
affected property owners and displaced persons will remain virtually
unchanged since the FDOT will continue to operate under the same laws
and procedures that it currently utilizes in implementing the Uniform
Act. The primary changes are expected to be the elimination of FHWA
approvals or oversight of Uniform Act implementation in the six FDOT
districts not now covered and the simplified administration associated
with the State operating under its own procedures. If approved the
extended certification would run until the close of the earlier
certification, that is, September 30, 1997.
As noted previously, under the certification pilot program, the
FHWA, under section 103(c) of the Uniform Act, still can withhold
project approvals or rescind acceptance of the FDOT's certification if
the FDOT fails to comply with the certification or with the State law
upon which the certification was based. The FHWA and FDOT will review
the operations of the pilot program at its midpoint and following
completion.
Authority: 42 U.S.C. 4604; 23 U.S.C. 315; 49 CFR 1.48.
Issued on: June 11, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-16261 Filed 6-25-96; 8:45 am]
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